Case Summary
| Case ID | 24F-H041-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-08-14 |
| Administrative Law Judge | Kay A. Abramsohn |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Deborah Masear | Counsel | — |
|---|---|---|---|
| Respondent | Paradise Park Condominiums Phase II Homeowners Association | Counsel | Erica L. Mortenson |
Alleged Violations
Park By-Laws Article III, Section 1
Outcome Summary
The Administrative Law Judge dismissed the Petitioner's claim, finding that the HOA (Park) was in compliance with its By-Laws. Frank Maiz was found to be the spouse of the unit owner (Mercedes B.B. Maiz), making him eligible to serve on the Board of Directors.
Why this result: Petitioner was mistaken regarding the current ownership of the unit at issue and failed to prove the respondent violated the Park By-Laws.
Key Issues & Findings
Board of Directors Qualification (Owner/Spouse Requirement)
Petitioner alleged that Frank Maiz was ineligible for the Board because his wife, Mercedes B.B. Maiz, was not the true owner of the unit, arguing that their daughter (also Mercedes B.B. Maiz) was the owner based on a recorded Beneficiary Deed. The Respondent proved that the wife owned the property, making Frank Maiz eligible as her spouse.
Orders: Petitioner's Petition is dismissed. Park is deemed the prevailing party. Petitioner shall bear her filing fee.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1801 et seq.
- A.R.S. § 32-2199.05
- ARIZ. ADMIN. CODE R2-19-119
- Tierra Ranchos Homeowners Ass'n v. Kitchukov